Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973). Art.185(3)---Sentence---Leave to appeal was granted. to appraise the prosecution evidence with a view to determine whether it was sufficient for conviction of the accused on a capital charge and whether High Court had erred in altering substantive sentence and in not enhancing the sentence of fine. Mahmood A. Qureshi, Advocate Supreme Court/Advocate-on-Record for Petitioner (in Cr.P. No. 201-L of 1996). Nemo for Respondents. Date of hearing: 23rd February, 1997. ORDER MUKHTAR AHMAD JUNEJO, J.---Criminal Petition No.201-L of 1996 filed by petitioner Mukhtar Ahmad and the connected Jail Petition No.82 of 1996 preferred by respondent No.l Muhammad Iqbal, seek leave to appeal against a common judgment delivered by Lahore High Court in Criminal Appeal No.54 of 1992 filed by Muhammad Iqbal respondent No. l and Criminal Revision No.90 of 1992 filed by petitioner Mukhtar Ahmed. Respondent No, l Muhammad Iqbal was tried in Court of the Additional Sessions Judge, Faislabad for having committed murder of Niamat Ali on 6-5-1990 at sunset time in area of Chak No. 26-JB, During the trial the prosecution examined inter alia petitioner Mukhtar Ahmad P. W .7 , who was complainant and Talehmand P.W.8, In his statement under section 342 of Cr.P.C., the respondent No. l denied the prosecution allegations, but did not examine himself as witness and did not lead defence. At conclusion of the trial, the learned trial Court convicted respondent No. l for the offence punishable under section 302 of P.P.C. and awarded him death penalty and fine of Rs.10,000 or to suffer R.I. for two years. Respondent No. l challenged his conviction and sentence in Lahore High Court under Criminal Appeal No.54 of 1992, while the petitioner filed Criminal Revision No.90 of 1992 for…

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